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    • @ Aequitas   The one confused seems to be yourself as the OP if you look at this thread and then the other Forum Does Not have a 'LEASE' you need to read both very carefully rather than jump to a conclusion.   Oh and the Law you refer to is nothing to do with this matter.   Let my clarify it for you:   1. The OP has signed an Agreement with Mear Group for the 5 years in which Mear Group have a Home Office Contract to house Asylum Seekers. (This is not a Lease but a Signed Agreement between the Landlord and Mear Group the exact same as a Letting Agent would do)   2.  The Asylum Seekers were then placed in the Landlord Property under an AST which is an Assured Shorthold Tenancy (AST) by Mear Group which are dealing with the OP (landlords) property and as Asylum Seekers can't sign that AST due to their status this is then done by Mear Group that is why under 'Tenant' in that AST it states 'Mear Group'. Again this is not a Lease but an AST.   3. To be clear the OP has 2 Agreements in place at present for this property (a) The 5 year Agreement they Signed with Mear Group who have the Home Office Contract to house Asylum Seeker which is not a Lease. (b) the Assured Shorthold Tenancy Agreement (AST) after Mears Group placed Asylum Seeker into the OPs (Landlords) Property which as the Provider they signed the AST under 'Tenant' as the Asylum Seekers can't due to their status again this is not a Lease.   You seems to be confusing that the AST is for 5 years when the OP has never stated this on either Forum, they pointed out on that other forum in post#27 and I quote:     The above quote is nothing to do with the AST Signed by Mears Group for the Asylum Seekers placed into that property but is in fact to do with the Agreement the OP (Landlord) signed with Mears Group to let/Maintain their Property for 5 Years the same as a Letting Agency would have in place with a Landlord.   The issue here is not the AST or those residing in that property under that AST Agreement but the issue is to do with the 5 year Agreement that the OP signed with Mears Group under the Home Office Contract to let their property and the repairs they carried out to the roof costing £1800 - £1900 which the OP had no knowledge/never gave consent to carry out.   This is why is you fully read my post#36 properly I have asked the OP to post up both the AST & Agreement Signed with Mears Group Redacted to save this confusion as we really need to see both of those and the wording dur to this issue with the roof repairs carried out by Mears Group and that Invoice to the OP ( Landlord) got.
    • Excellent FTMDave your above post helped a lot i will copy the content and will send to HX parking ltd. I downloaded the consent order from Zimbirds thread please see the attachment if its the correct one.Thanks Consent Form (1).pdf
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salty_seadog
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Well it gets even better, found another credit agreement with the above, cost £900ish, taken out in 2001, with interest at 17.5%, today worth approx £2400!

 

Again i believe i was cohersed into it, along the lines of it will look better if you have it!

 

so thats 2 claims now, letters off on monday to them both.

 

cheers

 

steve

 

PS anyone got a POC template for PPI?

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Well it gets even better, found another credit agreement with the above, cost £900ish, taken out in 2001, with interest at 17.5%, today worth approx £2400!

 

Again i believe i was cohersed into it, along the lines of it will look better if you have it!

 

so thats 2 claims now, letters off on monday to them both.

 

cheers

 

steve

 

PS anyone got a POC template for PPI?

 

Hello Salty Seadog,

 

There are a few poc kicking about the threads, Alanfromderby has put up a couple of stickies, looking into the legislation that can be used for the reclaiming process for ppi. Really useful information in them.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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just had a letter from GE stating they didn't sell the PPI but the broker did, even gave me the address of the broker, so is it the broker i go after now or are they pulling the wool over my eyes?

 

Will it be harder going after a broker? than a big company like GE?

 

cheers

 

steve

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hi salty

damn right it will be harder going after a broker, i am having lots of hassle with ocean finance claiming for 4 loans taken out with them, what broker was it?

check out my thread and see, i'm ready to now give in as court is the only route left but good luck with yours and i truly hope you nail the b******s

 

gem x x

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Hello Salty-seadog.

 

This is a very important piece of legal precedent. It relates to the paying of commission/fees to brokers.

 

Personally I feel they are all as bad as each other, all get a chunck of your money.

 

Thanks to hellhasnofury for this case, which may be of use to those who have taken out loans through a broker(link to full judgement below):

 

 

I came accross this court case precedent regarding brokers commission and responsibility, and wondered if it would be useful for a court bundle in this situation.

 

Decision in Hurstanger v Wilson [2007] EWCA Civ 299

 

This is may be of relevance to all members who pay fees to brokers.

 

Case Summary

 

The borrowers (Mr Wilson and Ms Burton) obtained a loan through a

broker. The broker had a fiduciary relationship with the borrowers and

received commission from the lender.

 

At issue was whether the broker had received secret commission from the

lender and whether informed consent had been given by the borrowers.

 

The borrowers signed a form which indicated that commission might be

paid but they argued that informed consent had not been given because

they did not know the amount of the commission.

 

It was held that the broker may only receive commission if the borrower

consented to this with full knowledge of all material circumstances. The

Court of Appeal held that the commission, in this case, was not “secret”

but informed consent had not been given as the amount of commission

had not been disclosed. (Accordingly they awarded the amount of the

commission plus 1.29% simple interest from the date of the agreement’s

inception).

 

The Court also held that in cases where the broker does not disclose

that she is in receipt of commission from the lender, the commission

will be “secret”, the broker potentially guilty of fraud, and the entire

loan liable to be rescinded.

 

Implications

 

The legal teams of all members who pay commission to brokers should

consider the impact of the decision on their business.

 

Full Text: Wilson v Hurstanger

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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thanks gemni / hellhasnofury,

 

looks like i'll be chasing the broker as the £900ish paid in PPI, there is no mention of commision to the broker, there is mention of brokers fee's but not for the PPI.

 

Also it was mis-sold, not fit for purpose and was implied that to take it out would help me secure the loan!

 

cheers

 

steve

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